Sexton v. Continental Casualty Co.

SUMMERS, Justice.

The Honorable Thomas R. Brett, Judge of the U.S. District Court for the Northern District of Oklahoma, Certified to this court the following question:

“Whether an insurer’s prior denial of the insured’s uninsured motorist coverage claim operates to estop that insurer from later invoking the Porter doctrine’s protection against the destruction of its sub-rogation rights.”

We answer the question in the affirmative, and hold that when an insurer completely denies a claim for uninsured motorist (UM) coverage by its insured the insurer is estopped from later invoking the defense of…